Craig Rosenbaum | September 21, 2016 | Products Liability

Much has been made in the news of late regarding the combusting batteries in Samsung’s Galaxy Note 7. The world’s largest cell phone manufacturer recalled 2.5 million units of its new top-of-the-line model on Sept. 2nd after it was reported that there were 92 instances in the U.S. where batteries overheated or caught fire while charging. This is the result of a battery manufacturer error.

Originally poised to go head-to-head with Apple’s new iPhone 7, the Galaxy Note 7 recall seems to be a disaster of sorts for Samsung, but the company has moved quickly to make safe new units available on Sept. 21. The company has also rolled out recalls in other countries as well.

An alert has gone out to Samsung Galaxy Note 7 customers, reminding them of the recall, but early reports find the exchange being fairly light even though there is still the risk of fire. The safety recall notice tells customers “Your safety is our highest priority. Power down and stop using this phone. The battery may overheat posing a fire or burn risk.” Those looking for more information about the recall can go here.

Samsung is currently offering three options for replacement of the recalled devices:

  • Exchange the recalled Galaxy Note 7 mobile device for a new one approved by the U.S. Consumer Product Safety Commission.
  • Exchange the Galaxy Note 7 current mobile device for a Galaxy S7 Edge and replacement of any accessories purchased in relation to the Note 7. Any difference in the price of replacement will be refunded.
  • Contact the point of sale for a refund.

This recall only applies to Galaxy Note 7 mobile devices purchased in the U.S. before Sept. 15 with other dates specific to other markets around the world. Click on the above link to see if your device is eligible. If a customer does exchange their Note 7 device, he or she will also receive $25 either in a gift card, in-store credit, or in-store accessory credit. The reward can also go towards bill credit for certain carrier retail stores. Consumers will be able to tell if their device is safe through a software update sent out this week: if it’s a new safe device, the battery status icon will be green instead of white.

If your phone catches fire, causing personal injury and or property damage, then it’s advisable to speak with an attorney knowledgeable in this area. There is a possibility of an actionable liability claim. It’s also worth noting that product liability is often more nuanced and parties may be able to sue several different companies involved in the manufacturing and sale of the faulty product. An attorney with experience in this area can review your case to see if a lawsuit is justified even for minor damage or injury.

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